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Ohio Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I believe I was wrongfully terminated and wrongfully denied my earned PTO pay upon leaving. Do I have a case?

I was fired from my job because I pointed out due to a FMLA mixup that matrix tried to correct and whirlpool denied. They also refused to pay me my earned PTO time that I have left upon being fired because they said I did not request that I have it paid out. However, I was never told I had to... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 24, 2020

Hi, the FMLA is a complex area of law and more facts are needed to fully evaluate your situation. Please reach out to an employment law attorney in Ohio.

1 Answer | Asked in Child Support and Business Law for Ohio on
Q: What is the legal liability of the Employer knowingly participating in a scheme to prevent court-ordered child support?

The employer allows the employee to circumvent paying child support by paying the employee through a corporation designed to defraud the Child Support system.

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Talk to the local prosecutor's office. It would be their decision whether to to investigate.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I have a house and in my deed we have ingress and egress owner said he is going to have it taken away can he do this?

We never go over 10mph he came up to my house being really load and rude saying he was going to take our right away to get back to our house their is no their roadways or drive ways can he do this?

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

If you have a valid easement, then you could take legal action against the neighbor if he blocks your access and use. Try to work it out with neighbor by explaining it. Or use the Find a Lawyer tab to retain a local real estate attorney to review the documents recorded with the county to confirm... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In 2015, I moved in with my mom into her apartment, she ended up moving out b4 lease up and I stayed and my bf moved in

Jan. 2016.. and up untill this day it has been me and him living here, under my moms name on lease, i was added as a occupant and the office mgr was aware my mom no longer lived here. Rent was accepted all this time from me, at renewal time, she told me to sign my moms name, which I did. Well last... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Landlord can send you a 30 day notice of termination and then file an eviction if you don't vacate. You can attend the eviction hearing and argue that you have a valid lease, but that might not succeed since you signed your mother's name. Try to work it out with landlord, or use the Find a Lawyer... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own a house and property I have ingress and egress to get to it in the deed the owner of the house below just bought

He just bought property below us a year ago he came up acting stupid saying we drive to fast in drive way we never go over 10mph their are potholes everywhere for one and now he is trying to say he is going to cap off our entire way can he do that legally?

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

If you have a valid easement, then you could take legal action against the neighbor if he blocks your access and use. Try to work it out with neighbor by explaining it. Or use the Find a Lawyer tab to retain a local real estate attorney to review the documents recorded with the county to confirm... Read more »

1 Answer | Asked in Business Law and Child Support for Ohio on
Q: Some individuals in the State of Ohio are incorporating in an attempt to avoid paying back child support. Is this legal?

The newly formed corporation now bills the employer and gets paid because the money goes to the corporation and not the individual. Child support is not aware of the new arrangement and thus the individual has been paid with no child support being deducted. Is this a legal way to avoid paying child... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Child support will still be owed, and the person can be found in contempt for non-payment, and the court can impose sanctions in that person. The person to whom it is owned should use the Find a Lawyer tab to retain a local attorney to file with the court seeking to have the person held in... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Ohio on
Q: My nephew is 16 being abused, how can he become emancipated?

My niece an nephews were taken from their mother a few years ago and custody was given to the grandparents of the younger two, but they took all four children. They get beat for not doing homework, chores, etc. they have been in trouble for missing school because they missed their bus and then the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Ohio does not allow emancipation in his situation. Here is a link to more information: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

But if you want to do something to rescue him from that bad situation, you...
Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: Bathroom breaks. I was denied a 5-8 minute break to change my tampon. I couldn’t wait for lunch; it’s 2 hours away

my question is in regards to bathroom breaks. I was to work 11 hours minus my lunch (30 mins) and 3 breaks with 2 hours 45 Mins in between each breaks and lunch. I was on my menstruation and my manager gave me a verbal warning for taking an 8 min bathroom break to change myself. I asked her if I go... Read more »

James J. Hux
James J. Hux answered on Jan 23, 2020

This sounds like it could be gender discrimination to me. You should contact an employment law attorney as soon as possible to discuss the situation in more detail. Some will offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Family Law for Ohio on
Q: 2/14/16 I married a Chinese national. She was ordered to leave the US on May 24th of 2018 and can not return.

It was discovered during immigration process that she had misrepresented information on her VISA application and can not get another VISA to return. Since there is no chance of her being able to return my only choice is a divorce. I need help.

Joseph Jaap
Joseph Jaap answered on Jan 23, 2020

Use the Find a Lawyer tab to locate a local divorce attorney who can review the situation and advise you how best to proceed. You will be able to get the divorce, but the attorney will have to help you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Are landlords allowed to tell ur business to other people without ur knowledge

The landlord tell maintenance personal info about me and the maintenance staff tells other people

Matthew Williams
Matthew Williams answered on Jan 23, 2020

Your landlord doesn’t owe you any privacy duty like a doctor or lawyer does. They can talk. If they say things that are untrue and hurt your reputation you could sue them.

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is the police chief legally able to do this ?

Chief's Message, Wednesday, January 22nd, 2

311.02 SPECIAL EVENTS; PARADES AND ASSEMBLAGES.

(a) Any person, persons, corporation or association desiring to use a public park, street or other public property of the City of Port Clinton to hold an activity or event shall first obtain... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

Yes, permitting for public events is common throughout the country. As long as it’s done for safety and scheduling’s sake and not used to discriminate, the courts allow it.

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Ohio on
Q: I was wondering if I can be expelled from school for something not mentioned in the handbook.

I was accused of something with no proof, given 30 seconds to gather all of my things, expelled for something not mentioned in the handbook and off of school property.

Matthew Williams
Matthew Williams answered on Jan 23, 2020

You can certainly be expelled for something that isn’t in the handbook. They can’t possibly be expected to cover every possible action and most contain some catchall kind of phrase like “other conduct unbecoming of a student.” What are you accused of doing?

1 Answer | Asked in Employment Discrimination for Ohio on
Q: Can i record an conversation at work with my boss, in ohio?

I have been discriminated against at work because of my nationality. I recorded my direct boss where he confessed that the HR manager discriminated against me.

James J. Hux
James J. Hux answered on Jan 23, 2020

Yes, you can record the conversation. You should also talk to an employment law attorney as soon as possible. It looks like you should file a charge with the Ohio Civil Rights Commission or EEOC, but helping an attorney help you file either of them is a generally good idea. Some attorneys will... Read more »

1 Answer | Asked in Traffic Tickets for Ohio on
Q: I was recently pulled over by a state trooper on my way to work. When she pulled me over she asked if I knew why she was

pulling me over and I said No. She said You aren't wearing your seatbelt. I had forgotten to put it on before leaving my house, busy morning. She then asked me in passing if I knew if there was a license plate under the front bra of the car I was driving and I said I was pretty sure. I'm currently... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

An increasing number of local jurisdictions are making seatbelt infractions a primary offense (one for which you can be pulled over). You can check the local ordinances but chances it’s a primary offense where you were. The cost of the tickets varies from place to place.

1 Answer | Asked in Criminal Law for Ohio on
Q: Pled down misdemeanor 1 (RSP) to misdemeanor 4 ( UUP) and received Community Control Probation for 180 days. How?

Along with fines which include his PD fees of almost $600 and online class amd 40 hours community service. Check in every 4th tuesday by phone. Got an extension, but was not told that it was only for paying the fine. Now my husband is in Delaware County for PV. He is on suicide watch and still not... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

It’s unclear what your question is. The probation and conditions sound pretty standard. He will have to wait to see the judge on the alleged violation at which time they’ll probably let him out.

1 Answer | Asked in Criminal Law for Ohio on
Q: How can u get a warrant for endanger child M1 off of u that is from 9 years ago.

My baby dad found out he has a warrant from 9 years ago M1 child endanger but he lives 2hrs away from the city that he has a warrant in. He has been stopped by our local police and they told him he had a warrant but didnt take him to jail bc it's on a misdemeanor. How can u go about getting it... Read more »

Matthew Williams
Matthew Williams answered on Jan 23, 2020

Each court treats these situations a little bit differently. Some will allow a motion to recall the warrant and simply set a court date. Most will want the individual to turn himself in to be processed and give a bond. Done correctly this can usually be taken care of in a morning. Some have already... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: If the baby is born in Ohio, how soon can I start the court process to fight for full custody after she is born?

I have a baby on the way, she will be born within the next month. However, I see the mother as unfit to raise a child. I want to fight for full custody of my child when she is born. Is the other parent allowed to leave to another state (with the child) while a custody battle is in process? What is... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 23, 2020

The custody process should start with you consulting a family law attorney. After the child is born, you would have to prove paternity, then file for custody with the court. The court would decide what is in the best interest of the child based on evidence and testimony properly submitted to the... Read more »

1 Answer | Asked in Business Law, Health Care Law, Personal Injury and Family Law for Ohio on
Q: My mom had a heart attack and has been in the hospital over a month and her job wont respond to calls

trying to get my mother medical and financial assistance but her job refuses to answer or take calls from us or the hospital

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for your mom's heart attack. Contact the hospital administration where your mom is staying. The billing and collections department could try to investigate what insurance programs she may have coverage under. If her workplace did not provide insurance, contact the social services... Read more »

2 Answers | Asked in Domestic Violence for Ohio on
Q: My boyfriend got charges with domestic violence and assault. The state picked it up. Will he got to jail? What can I do?
Joseph Jaap
Joseph Jaap answered on Jan 22, 2020

If you receive a subpoena to testify, then you go and testify. The court will then decide what happens to him. He should use the Find a Lawyer tab to get an attorney to represent him.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?

A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restarts every month and therefore we need to go before the board every month to get this "new" lease approved. Is he a$$ backwards like he seems?

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

How often a lease review is required, depends on what your lease says and what the condominium declaration and bylaws say, and any rules established by the board for leases, and how the board implements those rules. If you don't comply with what the board requires, they can take those actions... Read more »

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